This is an interesting statement:

"...*and* not give me the dyno results?"

Did the original contract, in whatever form it was negotiated in, require Elow to give Scott the dyno results? This seems to be quite a bold statement to make. I may be wrong, but I bet there was no agreement for dyno results to be given to Upsolute when the chip upgrade was delivered to Elow, at whatever the agreed cost of the chip upgrade may have been.

It does sound like that Scott may have put himself at a risk of $175 if Elow didn't pay the balance, but that is the risk of fronting the chip for $250 and hoping for the balance later. But Elow was risking getting a product that didn't meet his expectations. This is why small claims court exists.

I will say, however, that Scott seems very professional, and has been taking a lot of flak over this. In my opinion, though, with all he has invested at this point with the forum (all by his own doing, I might add), his integrity (and the company he works for...a much bigger issue for him) is at stake and I am personally surprised he hasn't offered either:

1) Pay for a dyno run.
2) Perform one chip upgrade at no cost in exchange for a dyno run.

It seems unreasonable to me that Scott is expecting a full chip price payment *and* the dyno run. I would think at this point he would offer one or the other on his dime, but his reaction of pulling out at this point is a reaction that is surprising to me...but maybe not to everyone else. I also think that Upsolute corporate would not find this thread to be in their best interest at this point either. Scott is representing them, and in my opinion, he is not exactly giving Upsolute the best image possible. He may just pull out now in hopes that it all goes away, but with the number of reads on this one, I think that would be his worst move of all.

I will like to reiterate that I do believe the Upsolute Chip upgrade is product that delivers a modest performance upgrade. How much of an upgrade is a mystery and I, like everyone else, would like to know exactly how much it is.

I would be really disappointed if Scott and Elow disappear and we never find out.



FYI, I just looked through my records. I paid Upsolute $425 for my upgrade in December of 2004, but I received a $75 rebate directly from Upsolute corporate about a month later. I was informed of this $75 rebate at the time of my inquiry, but I did not know of the rebate before hand and it was not a factor in me going with it.